VIC Relocating with 7-Year-Old Daughter - Recovery Orders?

[Cleo85]

I’m also in the process to go to mediation. Iv was given legal advice to stop visitation due to safety concerns as he made my daughter sleep in an unregistered car on the street[/QUOTE

"I was given legal advice"??? from whom?

what sort of access does dad currently have? when did he last see the child?
do your orders state that each party needs to tell the other parent of their residential address?

overnight access stop in November when the sleep in car incident happened continued with weekend daily access until 8 weeks ago when dealed drugs out of the car to strange men in front of our daughter. Terms of order are that he is to have every second weekend at his parents. He is no longer welcome at his parents any more due to verbal abuse

 

[Cleo85]

overnight access stop in November when the sleep in car incident happened continued with weekend daily access until 8 weeks ago when dealed drugs out of the car to strange men in front of our daughter. Terms of order are that he is to have every second weekend at his parents. He is no longer welcome at his parents any more due to verbal abuse

I have always given the benefit of the doubt tried my best to help his situation iv borrowed money so that he was able to have our daughter for weekends. There has been no improvement only going backwards. When is enough enough?

 

[Cleo85]

I have always given the benefit of the doubt tried my best to help his situation iv borrowed money so that he was able to have our daughter for weekends. There has been no improvement only going backwards. When is enough enough?

Also my legal advice was from my solicitor who I able to contact at any time as we have a history of family violence

 

[AllForHer]

So much of this sounds like speculation. Did you see him deal drugs from his car? Or did you daughter tell you that?

FYI, 7-year-olds don't make credible witnesses in Court.

Have you contacted DOCS? Police? Done anything other just simply contravene the orders?

 

[Cleo85]

Police where contacted.

 

[sammy01]

ok so I"m a bit lost... What is the problem? You either move and see if he applies to court OR you apply to court permission to move. I'd be thinking you could get your solicitor to write to him and inform him that you intend to move and that if he has any objection he needs to contact your solicitor...

So how do you get on with his parents? I'd have a chat with them.... Tell them you want to move BUT you will make time for the child to spend time with them.

IF he is homeless you're not gonna have any real issues with relocating.

 

[Cleo85]

I also have a 14 year old daughter who will be staying back with her father if we relocate as he is a great father and we where able to compromise with everyone involved

 

[Cleo85]

ok so I"m a bit lost... What is the problem? You either move and see if he applies to court OR you apply to court permission to move. I'd be thinking you could get your solicitor to write to him and inform him that you intend to move and that if he has any objection he needs to contact your solicitor...

So how do you get on with his parents? I'd have a chat with them.... Tell them you want to move BUT you will make time for the child to spend time with them.

IF he is homeless you're not gonna have any real issues with relocating.

Spoke to his parents I did tell I’d like to move they said great they werehappy for our new possible opportunities and would like to move to same state in the future. They have little to do with our daughter. Their choice. Some people aren’t really into the whole grandparent thing. They also exspressed their concern there wasn’t much hope of change from their son.

 

[Cleo85]

Spoke to his parents I did tell I’d like to move they said great they werehappy for our new possible opportunities and would like to move to same state in the future. They have little to do with our daughter. Their choice. Some people aren’t really into the whole grandparent thing. They also exspressed their concern there wasn’t much hope of change from their son.

This time year with family circuit coming up I can’t an appointment with my solicitor and she’s fully booked only advise over the phone I also don’t want to bother her with so much on her plate. So I was trying to do a bit of my own research hence coming to this site. The father has been in contact with legal aid and iv recieved a letter advising me if I was to leave the state they will apply for recovery. I have spoken to his solicitor briefly about his situation which he hadn’t informed them of. I’m not sure where that has left him or if they have advised him differently now.

 

[Cleo85]

My question is now can I apply straight to the courts without a solicitor to relocate?